HIND ESTATES LTD Vs. C S PETERS

JUDGEMENT

(1.) THIS is an application on behalf of Hind Estates, Ltd., inter alia for a writ of mandamus or writ of like nature directing the respondents Nos. 1 and 2 and each of them to forbear from giving effect to the notices issued by them to respondents Nos. 4 and 5 on diverse dates including 16th May, 1950, or from taking any further steps in pursuance of the said notices or taking or continuing any proceedings under s. 4(1) of the Payment of Taxes (Transfer of Property) Act, 1949.

(2.) THE case of the petitioner before me is as follows : THE petitioner, Hind Estates, Ltd., is a private limited company incorporated in India under the Indian Companies Act, 1913. THE registered office of the company is situate at No. 220/1, Lower Circular Road, Calcutta. THE respondents No. 4 and 5 by a registered lease dt. the 13th Dec., 1948, granted in favour of the petitioner a lease for 99 years commencing from 1st Jan., 1949, of a number of properties situate in Calcutta at a rent of Rs. 2,400 per month. By another indenture of lease, dt. 4th Jan., 1949, the petitioner also obtained a lease from the respondents No. 4 and 6 for a period of 99 years commencing from 1st Jan., 1949, at a rent of Rs. 1,000 per month of certain properties situate at Cawnpore. By a third indenture of lease, dt. the 20th Dec., 1948, the petitioner obtained a lease of certain properties in Delhi from the respondent No. 4, Mohamad Amin, for a period of 99 years commencing from 1st Jan., 1949, at a rent of Rs. 100 per month.

(3.) SECS. 3, 4 and 9 of the said Act are material. Sec.3 runs as follows :-